ENVIRONMENTAL PROTECTION ACT 1986 - SECT 50

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 50

50 .         Discharging waste in circumstances likely to cause pollution

        (1)         A person who intentionally or with criminal negligence —

            (a)         causes waste to be placed; or

            (b)         allows waste to be placed,

                in any position from which the waste —

            (c)         could reasonably be expected to gain access to any portion of the environment; and

            (d)         would in so gaining access be likely to result in pollution,

                commits an offence.

        (2)         A person who causes or allows waste to be placed in any position from which the waste —

            (a)         could reasonably be expected to gain access to any portion of the environment; and

            (b)         would in so gaining access be likely to result in pollution,

                commits an offence.

        (3)         A person charged with committing an offence against subsection (1) may be convicted of an offence against subsection (2) or section 49A(2) or (3) which is established by the evidence.

        (4)         A person charged with committing an offence against subsection (2) may be convicted of an offence against section 49A(2) or (3) which is established by the evidence.

        [Section 50 inserted: No. 14 of 1998 s. 6; amended: No. 48 of 2010 s. 5.]